02/24/2003-CC-Minutes-SpecialMINUTES: CITY COUNCIL - SPECIAL CALLED
FEBRUARY 24, 2003
PRESENT: Mayor Tommy Kincaid, Councilman Glenn Ervin, Councilman Andy Garza,
Councilman Mike James, Councilman Jimmy Evans, Councilman Joe Higgs
OTHERS
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PRESENT: City Manager Jack Smith, City Secretary/Assistant City Manager Rose Chavez,
Assistant City Secretary/Administrative Assistant Samantha Renz
1. Mayor Called Meeting to Order.
2. Conduct Second Public Hearing on Proposed Moratorium on New Multi -Family
Dwelling Projects in the City of Sanger.
Public Hearing opened.
No Discussion.
Public Hearing closed.
(a) Conduct Second Public Reading on Ordinance # 02-11-03
City Secretary read ordinance as follows:
CITY OF SANGER, TEXAS
ORDINANCE No. 02-11-03
AN ORDINANCE OF THE CITY OF SANGER, TEXAS, RECOGNIZING THE
THREAT TO THE CITY'S ABH.TI I TO MEET EXISTING AND SHORT-TERM
SERVICE DEMANDS AS A RESULT OF EXPLODING POPULATION GROWTH;
RECOGNIZING RAPIDLY INCREASING WASTEWATER FLOWS; PROVIDING
FOR THE TEMPORARY SUSPENSION OF THE ACCEPTANCE AND FILING OF
RESIDENTIAL MULTIFAMILY DEVELOPMENT PLANS; REPEALING ALL
CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING A
SEVERABILITY CLAUSE; DECLARING AN EMERGENCY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the threat to the city's ability to meet existing and near -term service
demands is attributable to exploding population growth and rapidly increasing wastewater
flows;
WHEREAS, based upon a potentia1500 residential building permits per year, the
City's population is projected to exceed 5100 in 2003 while the population within current
City limits is projected to exceed 10,500 by the year 2009;
WHEREAS, ADF for March 2002 0.72 MGD and total wastewater treatment
capacity is 0,78 MGD;
WHEREAS, under normal weather conditions the City's ADF is projected to exceed
I 0.78 MGD by 2004;
WHEREAS, expansion of the City's wastewater treatment plant capacity to 0.98
MGD is not scheduled to be completed until 2003;
WHEREAS, under normal weather conditions the City's ADF is projected to exceed
0.98 MGD by 2005;
WHEREAS, it is the obj ective of the City to, (1) ensure the City's continuing ability
to maintain adequate wastewater service while construction system improvements to
accommodate both residential and non-residential growth, (2) maintain adequate water and
wastewater capacity to sustain economic development efforts that will reduce the extreme
unbalance in assessed valuation between residential and non-residential development, (3)
preserve and enhance the unique character and lifestyle that currently exist in Sanger;
WHEREAS, the exemption ofnon-residential development is necessary to the long-
term economic health of the City; and
WHEREAS, the City Council has determined that it is in the best interests of the
public to temporarily suspend the acceptance and filing of residential multi -family
development plans pending the City review and update of the City's capital/improvement
plan and impact fee study;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SANGER, TEXAS, THAT:
SECTION 1
All of the above premises are hereby found to be true and correct legislative and factual
findings of the City of Sanger and they are hereby approved and incorporated into the body
of this Ordinance as if copied in their entirety.
SECTION 2
The acceptance and filing of residential multi -family development plans are hereby
temporarily suspended, effective immediately upon passage of this Ordinance, until City
Council approval of the capital improvement plan and impact fee study. Although it
presently is anticipated that the capital improvement plan and impact fee study will be
completed on or before June 17, 2003 in the event the City Council has not approved the
impact fee study plan by June 17, 2003, then this temporary suspension may be extended in
sixty (60) day increments.
SECTION 3
The temporary suspension referenced in Section 2, above, shall not affect or in any way
suspend or prohibit the acceptance and filing of applications for record plats, specific use
permits or variances. Further, the temporary suspension referenced in Section 2, above, shall
not affect or in any way suspend or prohibit the acceptance and filing of non-residential
zoning amendments and non-residential development plans.
SECTION 4
Any and all ordinances, orders, resolutions, rules, regulations, policies or provisions in
conflict with the provisions of this Ordinance are hereby repealed and rescinded to the extent
of any conflict herewith.
SECTION 5
If any section, subsection, clause, phrase or provision of this Ordinance, or the application
thereof to any person or circumstance, shall to any extent be held by a court of competent
jurisdiction to be invalid, void or unconstitutional, the remaining sections, subsections,
clauses, phrases or provisions of this Ordinance, or the application thereof to any person or
circumstances, shall remain in full force and effect and shall in no way be affected, impaired
or invalidated.
SECTION 6
The fact that the present ordinances, orders, resolutions, rules, regulations, policies and
provisions of the City of Sanger, Texas, are inadequate to properly safeguard the health,
safety, morals, peace and general welfare of the inhabitants of the City of Sanger, Texas,
creates an emergency for the immediate preservation of the public business, property, health,
Safety and general welfare of the public which requires that this Ordinance become effective
from and after the date of its passage, and it is accordingly so ordained.
3. Consider and Possible Action on the Imposition of a Moratorium on New Multi -Family
Projects in the City of Sanger.
Councilman James moved to approve Ordinance #0241-03 - Imposing a Moratorium
on New Multi -Family Dwelling Projects in the City of Sanger contingent upon the City
Attorney's approval, Councilman Evans seconded. Motion carried unanimously,
4. Consider and Possible Action on Proposal for Impact Fee Study/Analysis.
Item Tabled,
5. Meeting Adjourni
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